Skip to main content
CityRuleLookup

Virginia Statewide Rule

Virginia Polystyrene Food Container Phase-Out Under Code 10.1-1424.4

Some RestrictionsApplies statewide across Virginia (2026)

Key Facts

Statute
Va. Code § 10.1-1424.3
Chains (20+ locations)
Comply by July 1, 2025
All food vendors
Comply by July 1, 2026
Hardship waiver
Up to one year (DEQ)
Civil penalty
$50 per day per location
Last verified: September 5, 2026Source: Virginia Legislative Information System

Summary

Virginia Code § 10.1-1424.3 phases out expanded polystyrene single-use food service containers: food vendors with 20 or more locations had to comply by July 1, 2025, and all food vendors by July 1, 2026.

Beginning July 1, 2023, no food vendor that is a restaurant or similar retail food establishment and is part of a chain with 20 or more locations offering for sale substantially the same menu items and doing business under the same name, regardless of the form of ownership of such locations, shall dispense prepared food to a customer in an expanded polystyrene food service container. Beginning July 1, 2025, no food vendor of any type shall dispense prepared food to a customer in an expanded polystyrene food service container.

Source: Virginia Legislative Information SystemView official code

Full Breakdown

Virginia enacted a phased polystyrene foam container ban under Code § 10.1-1424.3. Food vendors operating chains with 20 or more locations had to stop dispensing food in expanded polystyrene containers by July 1, 2025, and all food vendors must comply by July 1, 2026. The Department of Environmental Quality may grant one-year hardship waivers. The law preempts local foam regulation while encouraging recyclable or compostable alternatives.

Violations & Penalties

Violators face civil penalties up to $50 per day per location issued by the Department of Environmental Quality. Repeat or willful violations may trigger formal compliance orders, with continuing violations accruing additional daily penalties.

Frequently Asked Questions

Does the ban cover polystyrene cups?
The ban covers expanded polystyrene single-use food service containers, including cups, plates, bowls, and clamshells used for prepared food.
Can a small restaurant get an extension?
Yes. Vendors may apply to DEQ for a one-year hardship waiver if compliance creates undue financial hardship.

Sources

See something wrong?

Help us keep this page accurate. If you notice an error or outdated information, let us know.